IIA 

Calendar No. 494 

112TH CONGRESS 

2D SESSION S. J. RES. 44 

Granting the consent of Congress to the State and Province Emergency 

Management Assistance Memorandum of Understanding. 

IN THE SENATE OF THE UNITED STATES 

JUNE 14, 2012 

Mr. KOHL (for himself, Mr. HOEVEN, and Mr. PRYOR) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary 

AUGUST 2, 2012 

Reported by Mr. LEAHY, without amendment 

JOINT RESOLUTION 

Granting the consent of Congress to the State and Province 

Emergency Management Assistance Memorandum of Understanding. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. CONGRESSIONAL CONSENT. 

4 Congress consents to the State and Province Emer5 gency Management Assistance Memorandum of Under6 standing entered into between States of Illinois, Indiana, 


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1 Ohio, Michigan, Minnesota, Montana, North Dakota, 

2 Pennsylvania, New York, and Wisconsin, and the Cana3 dian Provinces of Alberta, Manitoba, Ontario, and Sas4 katchewan. The compact is substantially as follows: 

5 ‘‘ARTICLE I—PURPOSE AND AUTHORITIES

6 ‘‘The State and Province Emergency Management 

7 Assistance Memorandum of Understanding, hereinafter 

8 referred to as the ‘compact’, is made and entered into by 

9 and among such of the jurisdictions as shall enact or 

10 adopt this compact, hereinafter referred to as ‘partici11 pating jurisdictions’. For the purposes of this compact, the 

12 term ‘jurisdictions’ may include any or all of the States 

13 of Illinois, Indiana, Ohio, Michigan, Minnesota, Montana, 

14 North Dakota, Pennsylvania, New York, and Wisconsin, 

15 and the Canadian Provinces of Alberta, Manitoba, On16 tario, and Saskatchewan, and such other States and prov17 inces as may hereafter become a party to this compact. 

18 The term ‘States’ means the several States, the Common19 wealth of Puerto Rico, the District of Columbia, and all 

20 territorial possessions of the United States. The term 

21 ‘Province’ means the 10 political units of government 

22 within Canada. 

23 ‘‘The purpose of this compact is to provide for the 

24 possibility of mutual assistance among the participating 

25 jurisdictions in managing any emergency or disaster when 


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1 the affected jurisdiction or jurisdictions ask for assistance, 

2 whether arising from natural disaster, technological haz3 ard, manmade disaster or civil emergency aspects of re4 sources shortages. 

5 ‘‘This compact also provides for the process of plan6 ning mechanisms among the agencies responsible and for 

7 mutual cooperation, including civil emergency prepared8 ness exercises, testing, or other training activities using 

9 equipment and personnel simulating performance of any 

10 aspect of the giving and receiving of aid by participating 

11 jurisdictions or subdivisions of participating jurisdictions 

12 during emergencies, with such actions occurring outside 

13 emergency periods. 

14 ‘‘ARTICLE II—GENERAL IMPLEMENTATION

15 ‘‘Each participating jurisdiction entering into this 

16 compact recognizes that many emergencies may exceed the 

17 capabilities of a participating jurisdiction and that inter18 governmental cooperation is essential in such cir19 cumstances. Each participating jurisdiction further recog20 nizes that there will be emergencies that may require im21 mediate access and present procedures to apply outside 

22 resources to make a prompt and effective response to such 

23 an emergency because few, if any, individual jurisdictions 

24 have all the resources they need in all types of emergencies 


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1 or the capability of delivering resources to areas where 

2 emergencies exist. 

3 ‘‘On behalf of the participating jurisdictions in the 

4 compact, the legally designated official who is assigned re5 sponsibility for emergency management is responsible for 

6 formulation of the appropriate inter-jurisdictional mutual 

7 aid plans and procedures necessary to implement this com8 pact, and for recommendations to the participating juris9 diction concerned with respect to the amendment of any 

10 statutes, regulations, or ordinances required for that pur11 pose. 

12 ‘‘ARTICLE III—PARTICIPATING JURISDICTION

13 RESPONSIBILITIES

14 ‘‘(a) FORMULATE PLANS AND PROGRAMS.—It is the 

15 responsibility of each participating jurisdiction to formu16 late procedural plans and programs for inter-jurisdictional 

17 cooperation in the performance of the responsibilities list18 ed in this section. In formulating and implementing such 

19 plans and programs the participating jurisdictions, to the 

20 extent practical, may— 

21 ‘‘(1) share and review individual jurisdiction 

22 hazards analyses that are available and determine all 

23 those potential emergencies the participating juris24 dictions might jointly suffer, whether due to natural 


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1 disaster, technological hazard, man-made disaster or 

2 emergency aspects of resource shortages; 

3 ‘‘(2) share emergency operations plans, proce4 dures, and protocols established by each of the par5 ticipating jurisdictions before entering into this com6 pact; 

7 ‘‘(3) share policies and procedures for resource 

8 mobilization, tracking, demobilization, and reim9 bursement; 

10 ‘‘(4) consider joint planning, training, and exer11 cises; 

12 ‘‘(5) assist with alerts, notifications, and warn13 ings for communities adjacent to or crossing partici14 pating jurisdiction boundaries; 

15 ‘‘(6) consider procedures to facilitate the move16 ment of evacuees, refugees, civil emergency per17 sonnel, equipment, or other resources into or across 

18 boundaries, or to a designated staging area when it 

19 is agreed that such movement or staging will facili20 tate civil emergency operations by the affected or 

21 participating jurisdictions; and 

22 ‘‘(7) provide, to the extent authorized by law, 

23 for temporary suspension of any statutes or ordi24 nances that impeded the implementation of respon25 sibilities described in this section. 


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1 ‘‘(b) REQUEST ASSISTANCE.—The authorized rep2 resentative of a participating jurisdiction may request as3 sistance of another participating jurisdiction by contacting 

4 the authorized representative of that jurisdiction. These 

5 provisions only apply to requests for assistance made by 

6 and to authorized representatives. Requests may be verbal 

7 or in writing. If verbal, the request must be confirmed in 

8 writing within 15 days of the verbal request. Requests 

9 must provide the following information: 

10 ‘‘(1) A description of the emergency service 

11 function for which assistance is needed and of the 

12 mission or missions, including but not limited to fire 

13 services, emergency medical, transportation, commu14 nications, public works and engineering, building in15 spection, planning and information assistance, mass 

16 care, resource support, health and medical services, 

17 and search and rescue. 

18 ‘‘(2) The amount and type of personnel, equip19 ment, materials, and supplies needed and a reason20 able estimate of the length of time they will be need21 ed. 

22 ‘‘(3) The specific place and time for staging of 

23 the assisting participating jurisdictions’s response 

24 and a point of contact at the location. 


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1 ‘‘(c) CONSULTATION AMONG PARTICIPATING JURIS2 DICTION OFFICIALS.—There shall be periodic consultation 

3 among the authorized representatives who have assigned 

4 emergency management responsibilities. 

5 ‘‘ARTICLE IV—LIMITATION

6 ‘‘It is recognized that any participating jurisdiction 

7 that agrees to render mutual aid or conduct exercises and 

8 training for mutual aid will respond as soon as possible. 

9 It is also recognized that the participating jurisdiction ren10 dering aid may withhold or recall resources to provide rea11 sonable protection for itself, at its discretion. To the ex12 tent authorized by law, each participating jurisdiction will 

13 afford to the personnel of the emergency contingent of any 

14 other participating jurisdiction while operating within its 

15 jurisdiction limits under the terms and conditions of this 

16 agreement and under the operational control of an officer 

17 of the requesting participating jurisdiction the same treat18 ment as is afforded similar or like human resources of the 

19 participating jurisdiction in which they are performing 

20 emergency services. Staff comprising the emergency con21 tingent continue under the command and control of their 

22 regular leaders but the organizational units come under 

23 the operational control of the emergency services authori24 ties of the participating jurisdiction receiving assistance. 

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1 ticipating jurisdiction that is to receive assistance or upon 

2 commencement of exercises or training for mutual aid and 

3 continue as long as the exercises or training for mutual 

4 aid are in progress, the emergency or disaster remains in 

5 effect or loaned resources remain in the receiving partici6 pating jurisdictions, whichever is longer. The receiving 

7 participating jurisdiction is responsible for informing the 

8 assisting participating jurisdiction when services will no 

9 longer be required. 

10 ‘‘ARTICLE V—LICENSES AND PERMITS

11 ‘‘Whenever a person holds a license, certificate, or 

12 other permit issued by any participating jurisdiction evi13 dencing the meeting of qualifications for professional, me14 chanical, or other skills, and when such assistance is re15 quested by the receiving participating jurisdiction, such 

16 person is deemed to be licensed, certified, or permitted by 

17 the jurisdiction requesting assistance to render aid involv18 ing such skill to meet an emergency or disaster, subject 

19 to such limitations and conditions as the requesting juris20 diction prescribes by Executive order or otherwise. 

21 ‘‘ARTICLE VI—LIABILITY

22 ‘‘Any person or entity of a participating jurisdiction 

23 rendering aid in another jurisdiction pursuant to this com24 pact is considered an agent of the requesting jurisdiction 

25 for tort liability and immunity purposes. Any person or 


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1 entity rendering aid in another jurisdiction pursuant to 

2 this compact is not liable on account of any act or omis3 sion in good faith on the part of such forces while so en4 gaged or on account of the maintenance or use of any 

5 equipment or supplies in connection therewith. Good faith 

6 in this article does not include willful misconduct, gross 

7 negligence, or recklessness. 

8 ‘‘ARTICLE VII—SUPPLEMENTARY AGREEMENTS

9 ‘‘Because it is probable that the pattern and detail 

10 of the compact for mutual aid among 2 or more partici11 pating jurisdictions may differ from that among the par12 ticipating jurisdictions that are party to this compact, this 

13 compact contains elements of a broad base common to all 

14 participating jurisdictions, and nothing in this compact 

15 precludes any participating jurisdiction from entering into 

16 supplementary agreements with another jurisdiction or af17 fects any other agreements already in force among partici18 pating jurisdictions. 

19 ‘‘Supplementary agreements may include, but are not 

20 limited to, provisions for evacuation and reception of in21 jured and other persons and the exchange of medical, fire, 

22 public utility, reconnaissance, welfare, transportation and 

23 communications personnel, equipment, and supplies. 


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1 ‘‘ARTICLE VIII—WORKERS’ COMPENSATION AND DEATH

2 BENEFITS

3 ‘‘Each participating jurisdiction shall provide, in ac4 cordance with its own laws, for the payment of workers’ 

5 compensation and death benefits to injured members of 

6 the emergency contingent of that participating jurisdiction 

7 and to representatives of deceased members of those forces 

8 if the members sustain injuries or are killed while ren9 dering aid pursuant to this compact, in the same manner 

10 and on the same terms as if the injury or death were sus11 tained within their own jurisdiction. 

12 ‘‘ARTICLE IX—REIMBURSEMENT

13 ‘‘Any participating jurisdiction rendering aid in an14 other jurisdiction pursuant to this compact shall, if re15 quested, be reimbursed by the participating jurisdiction 

16 receiving such aid for any loss or damage to, or expense 

17 incurred in, the operation of any equipment and the provi18 sion of any service in answering a request for aid and for 

19 the costs incurred in connection with those requests. An 

20 aiding participating jurisdiction may assume in whole or 

21 in part any such loss, damage, expense, or other cost or 

22 may loan such equipment or donate such services to the 

23 receiving participating jurisdiction without charge or cost. 

24 Any 2 or more participating jurisdictions may enter into 

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1 tion of costs among those jurisdictions. Expenses under 

2 article VIII are not reimbursable under this section. 

3 ‘‘ARTICLE X—IMPLEMENTATION

4 ‘‘(a) This compact is effective upon its execution or 

5 adoption by any 1 State and 1 province, and is effective 

6 as to any other jurisdiction upon its execution or adoption 

7 thereby: subject to approval or authorization by the 

8 United States Congress, if required, and subject to enact9 ment of provincial or State legislation that may be re10 quired for the effectiveness of the Memorandum of Under11 standing. 

12 ‘‘(b) Additional jurisdictions may participate in this 

13 compact upon execution or adoption thereof. 

14 ‘‘(c) Any participating jurisdiction may withdraw 

15 from this compact, but the withdrawal does not take effect 

16 until 30 days after the governor or premier of the with17 drawing jurisdiction has given notice in writing of such 

18 withdrawal to the governors or premiers of all other par19 ticipating jurisdictions. The action does not relieve the 

20 withdrawing jurisdiction from obligations assumed under 

21 this compact prior to the effective date of withdrawal. 

22 ‘‘(d) Duly authenticated copies of this compact in the 

23 French and English languages and of such supplementary 

24 agreements as may be entered into shall, at the time of 


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1 their approval, be deposited with each of the participating 

2 jurisdictions. 

3 ‘‘ARTICLE XI—SEVERABILITY

4 ‘‘This compact is construed to effectuate the purposes 

5 stated in Article I. If any provision of this compact is de6 clared unconstitutional or the applicability of the compact 

7 to any person or circumstances is held invalid, the validity 

8 of the remainder of this compact and the applicability of 

9 the compact to other persons and circumstances are not 

10 affected. 

11 ‘‘ARTICLE XII—CONSISTENCY OF LANGUAGE

12 ‘‘The validity of the arrangements and agreements 

13 consented to in this compact shall not be affected by any 

14 insubstantial difference in form or language as may be 

15 adopted by the various states and provinces.’’. 

16 SEC. 2. INCONSISTENCY OF LANGUAGE. 

17 The validity of the arrangements consented to by this 

18 Act shall not be affected by any insubstantial difference 

19 in their form or language as adopted by the States and 

20 provinces. 

21 SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. 

22 The right to alter, amend, or repeal this Act is hereby 

23 expressly reserved. 


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Calendar No. 494 

112TH CONGRESS 

2D SESSION S. J. RES. 44 

JOINT RESOLUTION 

Granting the consent of Congress to the State and 

Memorandum of Understanding. Province Emergency Management Assistance 

AUGUST 2, 2012 

Reported without amendment 


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